Terms of Service
Effective Date: 1/29/2025
Welcome to South Beach Geek LLC (“Company,” “we,” “us,” or “our”). The following Terms of Service (“Terms”) govern your access to and use of our website(s), sessions, products, and services (collectively, “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.
1. Acceptance of Terms
By using our Services, you confirm that you have read, understood, and agree to these Terms as well as our Privacy Policy. You must be at least 18 years of age or have parental/guardian consent to use our Services.
2. Services Overview
South Beach Geek LLC offers website development, live Zoom sessions, consulting, and related services. We integrate third-party platforms such as Fiverr, Calendly, and Zoom to facilitate bookings, payments, and live sessions. Details about our services, including pricing and scheduling policies, are provided on our website(s) and in our FAQs.
2.1 Live Zoom Sessions
- Hourly Rate: Each session costs $100 per hour. You are paying for time rather than guaranteed completion of specific tasks. If additional time is needed, further sessions must be booked.
- Collaborative Approach: Sessions are conducted via Zoom, with optional screen sharing to facilitate real-time collaboration. You may choose to turn off your camera.
- Communication: All essential information regarding the nature of the work, your responsibilities, and final deliverables will be outlined during the session or in the relevant project documentation.
- Scheduling & Availability: Bookings are managed through Calendly, and availability is generally released 14 days in advance. We reserve the right to modify available dates or times at our discretion.
2.2 Fiverr Orders
- Order Linking: Your Fiverr order ID links your payment to your Zoom session booking. We require this to confirm payment and associate your session with your Fiverr order.
- Payment Platform: We accept payments only through Fiverr for session bookings, ensuring a secure and transparent transaction.
2.3 Website Design & Development
- Ownership: Websites built on WordPress grant you ownership of your content, and you will have administrator login credentials post-completion.
- Plugins & Customization: We often use WordPress, Divi, WooCommerce, and various plugins to meet your website requirements. Some features or complex customizations may require additional sessions.
- Hosting: We recommend hosting with noraahost.com, optimized for WordPress with enhanced security and performance. Hosting fees are separate from session fees.
3. User Responsibilities
When using our Services, you agree to:
- Provide accurate, current, and complete information.
- Comply with all applicable laws, regulations, and these Terms.
- Secure and maintain the confidentiality of any login credentials or personal information.
- Refrain from using our Services for unlawful or unauthorized purposes.
We reserve the right to terminate or suspend your access to our Services if we believe, in our sole discretion, that you have violated these Terms.
4. Intellectual Property
- Company IP: All content, trademarks, and intellectual property provided by South Beach Geek LLC remain our exclusive property unless explicitly stated otherwise.
- Client IP: You own the content, data, and intellectual property you provide or that is developed on your behalf and delivered to you under the scope of the Services.
- Third-Party IP: We may use third-party plugins, images, or other intellectual property. You are responsible for adhering to any associated licenses or usage restrictions.
5. Payment & Billing
- Rates: Each live session is billed at $100 per hour. Additional bookings are required if more time is needed.
- Payment Platform: All payments should be processed through Fiverr for sessions, unless otherwise specified.
- Refunds: We do not provide refunds once a session has been scheduled and paid for, except in limited circumstances described below (see Section 7).
- Currency: All fees are charged in U.S. Dollars (USD).
- Late Payments: Late or delinquent payments may result in the suspension of Services.
6. Cancellation, Rescheduling & Refund Policy
- No Refunds on Bookings: Due to limited availability, we cannot cancel, refund, or reschedule once a booking is confirmed.
- No-Show or Late Arrival: If you are late, the session will still end at the originally scheduled time. No extensions or partial refunds are provided.
- Service Disruption: In the event we must cancel a session due to unforeseen circumstances on our end, we will work with you to reschedule or provide a refund at our discretion.
7. Limitations of Liability
- “As Is” Basis: All Services are provided on an “as is” and “as available” basis. We make no warranties regarding uptime, error-free operation, or guarantees about end results.
- No Guarantees: We do not guarantee a specific outcome, website traffic, sales, or any other type of result. Your purchase of a session is for time and expertise, not for a final result.
- Third-Party Platforms: We are not liable for issues arising from third-party services such as Fiverr, Calendly, Zoom, Stripe, or hosting providers.
- Indirect Damages: Under no circumstances are we liable for any indirect, incidental, consequential, or special damages (including loss of profits, revenue, or data) arising from your use or inability to use our Services.
- Maximum Liability: Our total liability to you, for any cause whatsoever, shall not exceed the total amount you paid for Services in the six (6) months preceding the event giving rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless South Beach Geek LLC, its affiliates, and its respective officers, agents, partners, and employees from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any applicable laws or regulations.
9. Third-Party Links & Services
Our Services may contain links to or integrations with third-party websites (e.g., Calendly, Zoom, Fiverr). We do not endorse or control these third-party platforms and are not responsible for their content, policies, or practices.
10. Dispute Resolution
- Informal Resolution: In the event of a dispute, you agree to contact us first to resolve the matter informally.
- Binding Arbitration: If informal resolution fails, any dispute arising from or related to these Terms shall be settled by binding arbitration. The arbitration shall be conducted in [Your State], and judgment on the arbitration award may be entered into any court having jurisdiction.
- No Class Actions: You waive the right to participate in any class-action lawsuit regarding the Services.
11. Confidentiality
During sessions, you may disclose sensitive information. We will treat your information with care and only use it for the purpose of providing Services. We cannot guarantee complete confidentiality for communications made via third-party platforms but will endeavor to maintain appropriate security measures.
12. Changes to These Terms
We may revise or update these Terms at any time. Continued use of our Services after any such changes constitutes your acceptance of the revised Terms. The “Effective Date” at the top indicates when the latest changes were made.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of [Your State], without regard to its conflict of law principles.
14. Contact Information
For questions regarding these Terms, or for other inquiries, contact us at:
South Beach Geek LLC
145 Pine Haven Shores, #1000a
Shelburne, VT 05482 USA
support@southbeachgeek.com
By using our Services, you confirm that you have read, understood, and agree to these Terms. If you do not agree, please refrain from accessing or using our Services.